基于司法行为认同对司法公信力的研究

On Judicial Action Identity Based Judicial Credibility

当前我国未理顺微观层次上人的感知与司法行为间的互动,公众对司法行为缺乏认同,司法信任付之阙如,司法公信力不足。司法公信力以司法行为认同为逻辑起点,而司法行为的认同以公众对司法行为的主观感知为必要条件。这样的心理效应往往发生于法律程序之中,与主观程序正义密切相关。可以说,提升司法行为认同是提升司法公信力的一个主要思路,文章以司法认同为"钥匙",以司法信任为线索,同时辅之以主观程序正义的侧面论证,来探寻司法行为认同与司法公信力的联动可能性。

At present, the interaction between people＇s perception and judicial action in china isn＇t in sequence at the micro levels. Without public awareness of judicial action, judicial trust is rare and public credibility of the judiciary is coming down. The judicial credibility start with the identification of judicial action in logic, and it bases on man~ subjective sensation about judicial action as indispensable constitutive elements. This psychological effect usually exists in legal procedure, is closely re- lated with subjective procedural justice. It is to say that enhancing social mass~ consents on judicial action is a main thought of promoting judicial credibility. In this paper, the author regards judicial identification as key, with judicial trust as the main clues, and supplemented by subjective procedural justice, to explore the possibility of the interaction between judicial action i- dentity and judicial credibility.